Wanezek, Jaekels, Daul & Babcock, S.C. Attorneys at Law — Founded 1908

ERISA DISPUTES

Many employers offer an employee benefit plan which may include benefits such as long term disability, or short term disability. Typically these benefits are provided by an insurer, not the employer and are governed by a federal law known commonly as ERISA. (Employee Retirement Income Security Act) These benefits seem very generous and employees often take comfort knowing they are there. However, in some cases the insurance carrier disputes the employee’s eligibility to the benefits. This can be very distressing to an employee, especially when the denial is unjustified. Employees must be aware that when a denial occurs, ERISA requires and accelerated dispute period. You must not wait when a denial occurs and appeals must be submitted promptly, usually within a few months–which is much different than other types of insurance disputes. Further the material submitted in the administrative appeal is the only material that may be considered if there is a lawsuit later on. If you fail to get important evidence into the administrative record you can not do so later. Employees in this situation should not try to handle these claims themselves and should seek competent legal representation. Atty. David Daul has handled numerous ERISA claims and actively seeks them out. Do not hesitate to call for a free consultation on the merits of your employee benefit case.